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18 USC CHAPTER 109 - SEARCHES AND SEIZURES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

.

-HEAD-

CHAPTER 109 - SEARCHES AND SEIZURES

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Sec.

2231. Assault or resistance.

2232. Destruction or removal of property to prevent seizure.

2233. Rescue of seized property.

2234. Authority exceeded in executing warrant.

2235. Search warrant procured maliciously.

2236. Searches without warrant.

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18 USC Sec. 2231 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

-HEAD-

Sec. 2231. Assault or resistance

-STATUTE-

(a) Whoever forcibly assaults, resists, opposes, prevents,

impedes, intimidates, or interferes with any person authorized to

serve or execute search warrants or to make searches and seizures

while engaged in the performance of his duties with regard thereto

or on account of the performance of such duties, shall be fined

under this title or imprisoned not more than three years, or both;

and -

(b) Whoever, in committing any act in violation of this section,

uses any deadly or dangerous weapon, shall be fined under this

title or imprisoned not more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 121, 253, 254, 628

(Mar. 4, 1909, ch. 321, Sec. 65, 35 Stat. 1100; June 15, 1917, ch.

30, title XI, Sec. 18, 40 Stat. 230; May 18, 1934, ch. 299, Sec. 1,

2, 48 Stat. 780, 781; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26,

1936, ch. 830, title I, Sec. 3, 49 Stat. 1940; Reorg. Plan No. II,

Sec. 4(f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433;

June 13, 1940, ch. 359, 54 Stat. 391).

Section consolidates section 628 of title 18, U.S.C., 1940 ed.,

and the portion of section 121 of said title relating to resistance

of persons authorized to make searches.

Punishment provided by section 121 of title 18, U.S.C., 1940 ed.,

was $2,000 fine and imprisonment for 1 year. Section 628 of said

title was part of Espionage Act of June 15, 1917, ch. 30, title

XIII, Sec. 1, 40 Stat. 231, prescribing fine of not more than

$1,000 and imprisonment not exceeding 2 years for resisting

service, execution of search warrant, or assaulting an officer.

Section 253 of title 18, U.S.C., 1940 ed., enumerated United

States marshals, deputies, and assistants, Federal Bureau of

Investigation agents, and numerous other officers, the killing of

whom is denounced as a Federal offense.

Section 254 of title 18, U.S.C., 1940 ed., denounced the

assaulting of such officers and prescribed punishment therefor

without regard to nature of duties involved or performed.

In other words sections 253 and 254 of title 18, U.S.C., 1940

ed., were not limited to officers executing search warrants.

Officers enumerated in section 253 of title 18, U.S.C., 1940 ed.,

were substantially all those who serve or execute search warrants.

Therefore, the language and punishment under section 254 of said

title constitute basis of this revised section. No change in

legislative intent is involved, as the amendments of sections 253

and 254 of said title are the latest enactments.

The provisions of section 121 of title 18, U.S.C., 1940 ed.,

relating to rescue of property from seizing officer or its

destruction to prevent seizure, are incorporated in sections 2232

and 2233 of this title.

Minor changes were made in translation and phraseology.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),

substituted ''fined under this title'' for ''fined not more than

$5,000''.

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted

''fined under this title'' for ''fined not more than $10,000''.

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18 USC Sec. 2232 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

-HEAD-

Sec. 2232. Destruction or removal of property to prevent seizure

-STATUTE-

(a) Destruction or Removal of Property To Prevent Seizure. -

Whoever, before, during, or after any search for or seizure of

property by any person authorized to make such search or seizure,

knowingly destroys, damages, wastes, disposes of, transfers, or

otherwise takes any action, or knowingly attempts to destroy,

damage, waste, dispose of, transfer, or otherwise take any action,

for the purpose of preventing or impairing the Government's lawful

authority to take such property into its custody or control or to

continue holding such property under its lawful custody and

control, shall be fined under this title or imprisoned not more

than 5 years, or both.

(b) Impairment of In Rem Jurisdiction. - Whoever, knowing that

property is subject to the in rem jurisdiction of a United States

court for purposes of civil forfeiture under Federal law, knowingly

and without authority from that court, destroys, damages, wastes,

disposes of, transfers, or otherwise takes any action, or knowingly

attempts to destroy, damage, waste, dispose of, transfer, or

otherwise take any action, for the purpose of impairing or

defeating the court's continuing in rem jurisdiction over the

property, shall be fined under this title or imprisoned not more

than 5 years, or both.

(c) Notice of Search or Execution of Seizure Warrant or Warrant

of Arrest In Rem. - Whoever, having knowledge that any person

authorized to make searches and seizures, or to execute a seizure

warrant or warrant of arrest in rem, in order to prevent the

authorized seizing or securing of any person or property, gives

notice or attempts to give notice in advance of the search,

seizure, or execution of a seizure warrant or warrant of arrest in

rem, to any person shall be fined under this title or imprisoned

not more than 5 years, or both.

(d) Notice of Certain Electronic Surveillance. - Whoever, having

knowledge that a Federal investigative or law enforcement officer

has been authorized or has applied for authorization under chapter

119 to intercept a wire, oral, or electronic communication, in

order to obstruct, impede, or prevent such interception, gives

notice or attempts to give notice of the possible interception to

any person shall be fined under this title or imprisoned not more

than five years, or both.

(e) Foreign Intelligence Surveillance. - Whoever, having

knowledge that a Federal officer has been authorized or has applied

for authorization to conduct electronic surveillance under the

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et

seq.), in order to obstruct, impede, or prevent such activity,

gives notice or attempts to give notice of the possible activity to

any person shall be fined under this title or imprisoned not more

than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 98-473, title II,

Sec. 1103, Oct. 12, 1984, 98 Stat. 2143; Pub. L. 99-508, title I,

Sec. 109, Oct. 21, 1986, 100 Stat. 1858; Pub. L. 99-646, Sec. 33,

Nov. 10, 1986, 100 Stat. 3598; Pub. L. 100-690, title VII, Sec.

7066, Nov. 18, 1988, 102 Stat. 4404; Pub. L. 103-322, title XXXIII,

Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106-185,

Sec. 12, Apr. 25, 2000, 114 Stat. 218.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 121 (Mar. 4, 1909, ch.

321, Sec. 65, 35 Stat. 1100).

Section was formed from the words following the first semicolon

and ending with the second semicolon, in section 121 of title 18,

U.S.C., 1940 ed.

The remaining provisions of section 121 of title 18, U.S.C., 1940

ed., relating to assaulting, resisting, or interfering with customs

officers, revenue officers, or other persons, and to the rescue of

seized property, constitute, along with provisions from other

sections, sections 2231 and 2233 of this title.

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Intelligence Surveillance Act of 1978, referred to in

subsec. (e), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as

amended, which is classified principally to chapter 36 (Sec. 1801

et seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 50 and Tables.

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AMENDMENTS

2000 - Pub. L. 106-185 added subsecs. (a) to (c), redesignated

first and second pars. of former subsec. (c) as subsecs. (d) and

(e), respectively, inserted subsec. (e) heading, and struck out

former subsecs. (a) and (b) which related to physical interference

with search and notice of search, respectively.

1994 - Subsecs. (a), (b). Pub. L. 103-322 substituted ''fined

under this title'' for ''fined not more than $10,000''.

1988 - Subsec. (c). Pub. L. 100-690 inserted ''of 1978'' after

''Surveillance Act''.

1986 - Pub. L. 99-646 directed the designation of first and

second pars. as subsecs. (a) and (b), respectively, which had been

previously so designated by Pub. L. 99-508, and substituted

''imprisoned not'' for ''imprisoned'' in subsec. (a).

Pub. L. 99-508 designated first and second pars. as subsecs. (a)

and (b), respectively, and inserted headings, and added subsec.

(c).

1984 - Pub. L. 98-473, Sec. 1103(a), substituted provisions

raising the maximum fine from $2,000 to $10,000 and raising the

maximum term of imprisonment from two years to five years.

Pub. L. 98-473, Sec. 1103(b), inserted paragraph relating to the

penalties for warning the subject of a search.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-185 applicable to any forfeiture

proceeding commenced on or after the date that is 120 days after

Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note

under section 1324 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, see section 111 of Pub. L. 99-508, set out as a note

under section 2510 of this title.

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18 USC Sec. 2233 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

-HEAD-

Sec. 2233. Rescue of seized property

-STATUTE-

Whoever forcibly rescues, dispossesses, or attempts to rescue or

dispossess any property, articles, or objects after the same shall

have been taken, detained, or seized by any officer or other person

under the authority of any revenue law of the United States, or by

any person authorized to make searches and seizures, shall be fined

under this title or imprisoned not more than two years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 121, 128 (Mar. 4, 1909,

ch. 321, Sec. 65, 71, 35 Stat. 1100, 1101).

Section consolidates that portion of section 121 of title 18,

U.S.C., 1940 ed., relating to rescue of seized property, with

section 128 of title 18, U.S.C., 1940 ed.

The remaining provisions of section 121 of present title 18,

U.S.C., 1940 ed., relating to assaulting, resisting, or interfering

with customs officers, revenue officers, or other persons, and to

the destruction or removal of property to prevent seizure,

constitute sections 2231 and 2232 of this title, the former

provisions being consolidated with certain provisions of other

sections.

Said section 121 of present title 18, U.S.C., 1940 ed., provided

for punishment by fine of not more than $2,000 or imprisonment of

not more than 1 year, or both, of persons rescuing, attempting to

rescue, or causing to be rescued, ''any property'' which has been

seized by ''any person'' authorized to make searches and seizures.

Said section 128 of present title 18, U.S.C., 1940 ed., provided

for punishment by fine of not more than $300 and imprisonment for

not more than 1 year of persons dispossessing, rescuing, or

attempting to dispossess or rescue, or aiding or assisting in

dispossessing or rescuing, ''any property taken or detained by any

officer or other person under the authority of any revenue law of

the United States.''

This revised section adopts the maximum fine provisions of

section 121 of title 18, U.S.C., 1940 ed., and extends the maximum

term of imprisonment to 2 years. This was deemed advisable so that

uniformity of punishment would be established and the provisions

would be sufficiently broad to impose punishment commensurate with

the gravity of the offense. (See section 3601(c)(2) of title 26,

U.S.C., 1940 ed., Internal Revenue Code.)

Reference to persons causing, procuring, aiding or assisting was

omitted as unnecessary in view of definition of ''principal'' in

section 2 of this title.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

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18 USC Sec. 2234 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

-HEAD-

Sec. 2234. Authority exceeded in executing warrant

-STATUTE-

Whoever, in executing a search warrant, willfully exceeds his

authority or exercises it with unnecessary severity, shall be fined

under this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-273,

div. B, title III, Sec. 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 631 (June 15, 1917, ch.

30, title XI, Sec. 21, 40 Stat. 230).

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 inserted '', or both'' after ''year''.

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 885.

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18 USC Sec. 2235 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

-HEAD-

Sec. 2235. Search warrant procured maliciously

-STATUTE-

Whoever maliciously and without probable cause procures a search

warrant to be issued and executed, shall be fined under this title

or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-273,

div. B, title III, Sec. 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 630 (June 15, 1917, ch.

30, title XI, Sec. 20, 40 Stat. 230).

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 inserted '', or both'' after ''year''.

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 885.

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18 USC Sec. 2236 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 109 - SEARCHES AND SEIZURES

-HEAD-

Sec. 2236. Searches without warrant

-STATUTE-

Whoever, being an officer, agent, or employee of the United

States or any department or agency thereof, engaged in the

enforcement of any law of the United States, searches any private

dwelling used and occupied as such dwelling without a warrant

directing such search, or maliciously and without reasonable cause

searches any other building or property without a search warrant,

shall be fined under this title for a first offense; and, for a

subsequent offense, shall be fined under this title or imprisoned

not more than one year, or both.

This section shall not apply to any person -

(a) serving a warrant of arrest; or

(b) arresting or attempting to arrest a person committing or

attempting to commit an offense in his presence, or who has

committed or is suspected on reasonable grounds of having

committed a felony; or

(c) making a search at the request or invitation or with the

consent of the occupant of the premises.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104-294, title VI,

Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-273,

div. B, title IV, Sec. 4002(d)(1)(C)(iii), Nov. 2, 2002, 116 Stat.

1809.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 53a (Aug. 27, 1935, ch.

740, Sec. 201, 49 Stat. 877).

Words ''or any department or agency thereof'' were inserted to

avoid ambiguity as to scope of section. (See definitive section 6

of this title.)

The exception in the case of an invitation or the consent of the

occupant, was inserted to make the section complete and remove any

doubt as to the application of this section to searches which have

uniformly been upheld.

Reference to misdemeanor was omitted in view of definitive

section 1 of this title. (See reviser's note under section 212 of

this title.)

Words ''upon conviction thereof shall be'' were omitted as

surplusage, since punishment cannot be imposed until conviction is

secured.

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 inserted ''under this title'' after

''warrant, shall be fined'' and struck out ''not more than $1,000''

after ''for a first offense''.

1996 - Pub. L. 104-294 substituted ''fined under this title'' for

''fined not more than $1,000''.

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